Hermosa Beach City Zoning Code

This Chapter establishes uniform procedures for the preparation, filing, and processing of any land use permits and entitlement applications provided for in this Title, unless superseded by a specific requirement of this Title or State law.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

1. A.
   Applicant. The owner of property or their authorized agent may submit applications for land use permits. If the application is made by someone other than the owner or the owner’s agent, proof of the right to represent the owner shall accompany the application. The Director shall prepare and issue application forms and lists that specify the information required from applicants.
2. B.
   Application Materials.

   1. 1.
      Application Forms and Fees. Applications for land use permits, which are authorized by this Title, shall be filed on forms prepared by the Director, which may be modified from time to time. Applications shall be accompanied by all required fees as outlined in the Master Fee Schedule.
   2. 2.
      Supporting Materials. The Director shall provide a list of supporting materials that shall be submitted as part of the application. This may include, but is not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, and other items necessary to describe existing conditions and the proposed project and determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
   3. 3.
      Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials at the Community Development Department. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of application materials shall be made available. The City shall charge fees for copies in accordance with the fee resolution adopted by City Council.
3. C.
   Multiple Applications.

   1. 1.
      Concurrent Filing. An applicant for a project which requires more than one land use permit by this Title (e.g., Conditional Use Permit, Variance, Precise Development Plan, etc.), shall file all related applications concurrently, with all applicable fees.
   2. 2.
      Concurrent Processing. Multiple land use permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications.
4. D.
   Application Fees.

   Refund of Fees. Application fees are non-refundable regardless of the review authority's decision. Filing fees cover the costs incurred by the City for staff’s review of the application materials, preparation of required finings, notices, and postings. In the case of an application withdrawal prior to the public hearing notice, the Director, at the request of the applicant, may authorize a partial refund in accordance with department policy.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

1. A.
   Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

   1. 1.
      Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application and specify a time limit for submittal of the requested information. The time limit to submit additional information shall be at least 30 days.

      1. a.
         Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes the correction of the violations or, in the sole discretion of the Director, the application is deemed complete notwithstanding the violation.
      2. b.
         Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.03.120 (Appeals and Calls for Review), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.
      3. c.
         Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension), the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.
   2. 2.
      Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.03.050 (Public Notice).
2. B.
   Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.
3. C.
   Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Title.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

All discretionary projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). The designated planning authority for the entitlement shall be responsible for taking action on the corresponding exemption or environmental review. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice as required by this section and by the California Government Code.

1. A.
   Notification Method. Public Notice shall be provided a minimum of 10 days, but no more than 45 days, prior to the public hearing or to a Director’s decision.

2. B.
   Mailed Notice. At least ten (10) days before the date of the public hearing or the date of the Director’s decision notice shall be provided by First-Class mail delivery to the following:

   1. 1.
      The applicant, the owner, and any occupant of the subject property;
   2. 2.
      The owner and occupants of all properties within the specific notification radius; and
   3. 3.
      Any person or group who has filed a written request for notice regarding the specific application;
   4. 4.
      School districts and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected; and
   5. 5.
      Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation.
3. C.
   Alternative Method for Large Mailings. If the number of persons to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may be provided by providing notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City and posted in three public locations at least 10 days prior to the hearing or the date of action when a public hearing is required.
4. D.
   Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City shall publish a notice in at least one newspaper of general circulation in the City.
5. E.
   Internet Notice. At least ten (10) days before the date of the public hearing or the date of the Director’s decision the notice shall be published on the City’s website.
6. F.
   Site Posting. At least ten (10) days before the date of the public hearing a minimum of one public notice shall be posted on the project site in a conspicuous place along the property frontage abutting the public-right-of way.
7. G.
   Amendments. Notwithstanding any other time limit set forth in this Chapter, any amendment or ordinance that affects the permitted use of real property, notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.
8. H.
   Additional Notice. The Director may require additional notice in a manner the Director deems appropriate.
9. I.
   Content of Public Notice. The notice, at a minimum, shall include the following information:

   1. 1.
      The location of the real property that is the subject of the application;
   2. 2.
      Name of property owner(s), representative(s), and applicant.
   3. 3.
      A general description of the proposed project or action;
   4. 4.
      The City’s assigned file numbers to the application.
   5. 5.
      A statement indicating if the project is located within the Coastal Zone.
   6. 6.
      The date, time, location, review authority, and purpose of the public hearing or the date of action when no public hearing is required;
   7. 7.
      A statement indicating the level of environmental review that is applicable to the project and the location and times any environmental impact assessment prepared in connection with the application may be viewed by the public;
   8. 8.
      A statement that any interested person or authorized agent may appear and be heard;
   9. 9.
      A statement describing how to submit written comments; and
   10. 10.
       For matters which the Planning Commission makes a recommendation to the City Council, or when the Planning Commission’s decision is appealed to the City Council, the notice shall also include a summary of the Planning Commission’s action.

   The omission of a component of the public notice content shall not automatically invalidate a public notice.

10. J.
    Failure to Receive Mailed Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive mailed notice.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.

1. A.
   Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body.
2. B.
   Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
3. C.
   Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization.
4. D.
   Time Limits. The City Council may establish time limits for individual testimony.
5. E.
   Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without additional hearing notice or may continue the item to an undetermined date with public notice of the continued hearing.
6. F.
   Decision. The public hearing shall be closed before a vote is taken.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title.

1. A.
   Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or notice of action on the permit.
2. B.
   Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the closure of the public hearing, or if no public hearing is required, within 30 days of the date the City has determined an application to be complete.
3. C.
   Notice of Action. Upon approving, modifying, or denying a land use permit by the review authority, a notice of action shall be issued. The Notice shall describe the action taken, including any applicable conditions, the findings that were the basis for the decisions, and if the decision is subject to appeal.

   1. 1.
      Director’s Action. The Director shall mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department within the five days of the decision being made.
   2. 2.
      Planning Commission Action. The Director shall mail a Notice of Action to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department within five days of the Planning Commission action. Additionally, the City Council shall receive notification pursuant to Section 2.52.040 City Council Review of Decisions of the Planning Commission.
   3. 3.
      City Council Action. Within five days of City Council action, the City Clerk shall mail a Notice of Action to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

1. A.
   Scope. The scope of approvals includes only those uses and activities proposed in the application.
2. B.
   Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.
3. C.
   Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this Title or require additional permits, then the approval shall be subject to the revocation as set forth in Section 17.03.110 Revocation of Permits.
4. D.
   Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

1. A.
   Effective Dates. A decision shall be effective on the date of action except as provided below. No building permit or business license shall be issued until after the effective date.

   1. 1.
      City Council Decisions. All City Council actions shall become effective immediately, with the exception of Amendments to the Zoning Ordinance or Zoning Map, and any new or amended Specific Plan, which shall take effect 30 days after the second reading of the ordinance, unless adopted by urgency in accordance with applicable law.
   2. 2.
      Planning Commission Decisions. All Planning Commission actions shall become effective 15 days after the decision unless:

      1. a.
         City Council initiates review pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of this code.
      2. b.
         After the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section 17.03.120.
   3. 3.
      Director Decisions. A Director’s decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section 17.03.120.
2. B.
   Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use or development must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Title shall automatically expire when no project or use has been exercised or extended within two years after the date of the approval, except as provided below.

   1. 1.
      Extension for Permit Where a Coastal Development Permit is Required. The time limits for any permit for development that also requires a Coastal Development Permit shall be automatically extended to be the same as the term of such Coastal Development Permit.
   2. 2.
      Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative map shall be automatically extended to be the same as the term of such tentative map.
   3. 3.
      Extensions for Permits Associated with Development Agreements. The time limits for any permit granted in conjunction with a Development Agreement shall be extended to the same as the term of such Development Agreement.
   4. 4.
      Other Extensions. The Director may approve a one-year extension of any permit or approval granted under this Title upon receipt of a written application with the required fee at least 30 days prior to the expiration date.
3. C.
   Exercise of Permit. An approval or permit for the use of a building or property shall be considered exercised when any of the following occurs:

   1. 1.
      A valid City business license has been issued, and the permitted use has commenced on the site.
   2. 2.
      A valid City building permit is issued, and construction has commenced and is diligently pursued to completion.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as follows:

1. A.
   Minor Modifications. The Community Development Director may approve minor revisions to approved plans and permits, excluding late-night establishments and outdoor uses, when it can be found that the modification is consistent with the original application findings, environmental analysis, and conditions approved by the original Review Authority. The modifications may not substantially expand or intensify the use or approved floor area by a cumulative amount greater than ten percent or 1,500 square feet, whichever is less.
2. B.
   Amendment. Any revision, modification, or amendment to a permit, which does not meet the qualifications for a Minor Modification set forth in subsection A, for a use or structure may be modified by the original approval authority for said use or structure. The manner in which the revision, modification, or amendment shall be considered shall be the same in which a new permit for a use or structure would be considered.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

Any permit granted under this Title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

1. A.
   Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.
2. B.
   Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter 17.03.050.
3. C.
   Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:

   1. 1.
      That the approval was obtained by fraud or material misrepresentation that vitiates one of the required findings of the permit;
   2. 2.
      That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions;
   3. 3.
      That the use or activity for which such approval was granted has been suspended or dormant for longer than 12 consecutive months, as demonstrated by any form of evidence or documentation.
   4. 4.
      That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
   5. 5.
      That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance;
   6. 6.
      That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or
   7. 7.
      That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit.
4. D.
   Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five business days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

1. A.
   City Council Calls for Review. Two members of the City Council may initiate review of any actions of the Planning Commission pursuant to Section 2.52.040 of this Code.
2. B.
   Appeals.

   1. 1.
      Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section.

      1. a.
         Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Community Development Department. The Planning Commission’s decision is final and may not be appealed to City Council.
      2. b.
         Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk. The City Council’s decision is final.
   2. 2.
      Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.
   3. 3.
      Time Limits. Unless otherwise specified in State or Federal law, an aggrieved member of the public, including the applicant, may file an appeal in writing fifteen (15) calendar days following the date which the action was taken. However, the City Council may call up a Planning Commission decision within the 15-day period in accordance with Section 2.52.040. In the event an appeal period ends on a day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
   4. 4.
      Procedures.

      1. a.
         Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
      2. b.
         Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
      3. c.
         Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. The Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
   5. 5.
      Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may revise or adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
   6. 6.
      Public Notice and Hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body pursuant to Section 17.03.050. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice.
   7. 7.
      Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

Requests for determinations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing.

1. A.
   Zoning Determination. A request for an interpretation of the Zoning Ordinance may be made for provisions that are unclear.

   1. 1.
      Community Development Director Interpretations:

      1. a.
         Director’s Administrative Zoning Determination. As part of the director’s administrative authority, the Director my initiate a code interpretation whenever necessary to clarify a conflicting provision or procedure of the code.
      2. b.
         Director’s Formal Zoning Determination. The Director may respond to formal inquiries regarding code provisions. The interpretation shall be in writing and will be made available by the Community Development Department pursuant to this section. Formal Director’s Interpretations are binding and may be appealed pursuant to Chapter 17.03.050. A fee for a formal interpretation shall be assessed in accordance with City’s Fee Schedule.
   2. 2.
      Procedures. The Community Development Director shall file a formal Zoning Determination with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall:

      1. a.
         Publish the determination to the City’s website; and
      2. b.
         Update the Zone Code to reflect the determination within a reasonable timeframe.
2. B.
   Similar Use Determination. A request for a Similar Use Determination may be made for a use not listed in the Zone.

   1. 1.
      Findings. The Community Development Director may find a use that is not listed in the zone is allowed provided the following findings can affirmatively be made:

      1. a.
         The characteristics of, and activities associated with, the proposed use are not more intense than those uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than comparable uses in the zone;
      2. b.
         The proposed use will meet the purpose of the zone that is applied to the location of the use;
      3. c.
         The proposed use will be consistent with the goals, objectives, and policies of the General Plan, or any applicable Specific Plan; and
      4. d.
         The proposed use is not specifically prohibited.
   2. 2.
      Procedures. The Community Development Director shall file the use determination findings with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall:

      1. a.
         Publish the determination to the city’s website; and
      2. b.
         Update the Zone Code to reflect the determination within a reasonable timeframe.

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026

1. A.
   Purpose and Applicability. In compliance with Federal and State fair housing laws, it is the purpose of this section to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling.
2. B.
   Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
3. C.
   Application Submittal. Any person with a disability may request a reasonable accommodation on a form supplied by the Community Development Department:

   1. 1.
      Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.
   2. 2.
      Obligations. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
   3. 3.
      Assistance. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.
   4. 4.
      Concurrent Filing. Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits.
4. D.
   Reviewing Authority. Applications for reasonable accommodation shall be reviewed by the Community Development Director or their designee.
5. E.
   Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:

   1. 1.
      The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws;
   2. 2.
      The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws;
   3. 3.
      The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and
   4. 4.
      The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program:

      1. a.
         Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and
      2. b.
         Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable Specific Plan.
6. F.
   Decision.

   1. 1.
      The review authority shall consider an application and issue a written determination within forty (40) calendar days of the date of receipt of a completed application.
   2. 2.
      If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
   3. 3.
      The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant.
   4. 4.
      The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section.
   5. 5.
      In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.
   6. 6.
      The written decision of the reviewing authority shall be final unless appealed in the manner set forth below.
   7. 7.
      While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
   8. 8.
      Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.
   9. 9.
      The applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.
7. G.
   Appeals. An appeal of the Director’s decision may only be filed by the applicant of the reasonable accommodation request. Appeals shall be processed pursuant to 17.03.120 (Appeals and Calls for Review).
8. H.
   Expiration, Extensions, and Revocations.

   1. 1.
      Expiration and Extensions. Approved reasonable accommodations may expire or be extended pursuant to 17.03.090 (Effective Dates: Expiration and Extension).
   2. 2.
      Revocation. Reasonable accommodations that have been previously approved, may be revoked pursuant to Section 17.03.110 (Revocation of Permits).
   3. 3.
      Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be processed pursuant to Section 17.03.100 (Minor Modifications and Amendments).

(Ord. # 26-1500 §5 (Exh. C), adopted 06/23/2026, effective 07/23/2026) 

Effective on: 7/23/2026